Religious Actors and International Law

Hardcover | August 17, 2014

byIoana Cismas

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This book assesses whether a new category of actors - religious actors - has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures ordiscriminatory patterns. This book moves beyond the concern that religious texts and practices may be incompatible with international law, to provide a detailed analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a "special" legitimacy anchored in tradition or affect. Cutting across the state / non-state divide, this definition allowsthe full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization ofIslamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The book ultimately establishes that religious actors do not enjoy special or exclusive rights, nor incur lesser obligations, when compared totheir respective non-religious peers. Therefore it demonstrates that they cannot be seen to form an autonomous legal category under international law.

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This book assesses whether a new category of actors - religious actors - has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures ordiscriminatory patterns. This book moves be...

Ioana Cismas is Scholar-in-Residence at the Center for Human Rights and Global Justice at NYU School of Law. Prior to moving to NYU she was the Coordinator of the Law Clinic at the Geneva Academy of International Humanitarian Law and Human Rights and an OHCHR consultant to the UN Special Rapporteur on transitional justice. She was pre...
Format:HardcoverDimensions:440 pages, 9.21 × 6.14 × 0.1 inPublished:August 17, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198712820

ISBN - 13:9780198712824

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Table of Contents

Introduction - The Shift in FocusPart I - From Religion and International Law to Religious Actors in International Law1. Religion and International Law Revisited2. Religious Actors as an Analytical CategoryPart II - Operationalizing the Analytical Category of Religious Actors3. Religious Organizations Under the European Convention Regime4. The Holy See - Vatican State-Like Construct5. The Organization Of Islamic Cooperation as Interpreter of Human Rights in the Context of IslamConclusions - Accountability and Legitimacy